MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            02 AUGUST 2001                  
	DOCKET NUMBER:   AR2001054538

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John P. Infante		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his records be corrected to show he enlisted in the U.S. Army Reserve (USAR) in 1974 and not 1975.  The applicant states that his first duty was at the 129th Station Hospital in 1974 and not the 120th Station Hospital in 1975. 

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s DA Form 2-1 (Personnel Qualification Record), indicates his first duty was at the 1207th U.S. Army Hospital, Tuskegee, Alabama on 3 February 1975, as a clinical specialist.  

In March 1981, the applicant applied for an appointment as a Reserve warrant officer.  The application (DA Form 61- Application for Appointment) completed by the applicant indicates his Reserve service began on 3 February 1975 at the 1207th U.S. Army Hospital.

Chronological statements of the applicant’s retirement points computed in May 1984 and in January 1994, indicate the applicant’s beginning date of service as  3 February 1975.  

On 30 June 1984, a computer generated DA Form 2-1, signed by the applicant shows his pay entry basic date (PEBD) as 3 February 1975.

On 15 December 1984, the applicant’s commander notified him that he was initiating action to separate him in accordance with Army Regulation 135-178, for unsatisfactory performance, for failure to meet the body fat standards in Army Regulation 600-9. 

On 25 February 1985, the applicant was discharged from the U.S. Army Reserve.

There is no evidence in the available records nor did the applicant submit documentation to substantiate his claim that he enlisted in 1974 and not 1975.

Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 25 February 1985, the date he was discharged  from the USAR.  The time for the applicant to file a request for correction of any error or injustice expired on 25 February 1988.

The application is dated 6 March 2001 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.  Prior to reaching this determination the Board looked at the applicant's entire file.  It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations.  Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__RJW__  __BJE___  __JPI ___  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR2001054538	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010802	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	112.00	
2.	142.00	
3.		
4.		
5.		
6.